SFV/NELA NOW TARGETS SEXUAL HARASSMENT


 

FIGHT BACK AGAINST SEXUAL HARASSMENT

IN NORTH EAST LOS ANGELES

See how Univision, KMEX Channel 34 covered the event:

http://www.univision.com/los-angeles/kmex/noticias/activismo/exigen-un-alto-al-racismo-el-acoso-sexual-y-otras-violaciones-a-la-ley-en-los-centros-de-trabajo-video

WHERE: Metro Studio, 114 N Ave 58 Los Angeles CA 90042

WHEN: Sunday February 26, 12 Noon

WHY: SFV/NELA NOW and CALLAC (California League of Latinos And Chicanos) are calling on candidates for First District Los Angeles City Council and the 34th Congressional District to boycott THE YORK ON YORK, until it resolves a sexual harassment lawsuit and reforms its personnel practices. At this meeting we will plan for:

  • picket lines and demonstrations

  • organizing the workers into a union

  • 2009 marked the 50th Anniversary of the Unruh Civil Rights Act, Sectin 51 o the California Civil Code

    demanding that City Attorney Mike Feuer file a lawsuit to enforce the Unruh Civil Rights Act against allegations that the restaurant discriminates against Latino customers. The Unruh Civil Rights Act says in part that “Whenever there is reasonable cause to believe that any person or group of persons is engaged in conduct of resistance to the full enjoyment of any of the rights described in this section, and that conduct is of that nature and is intended to deny the full exercise of those rights, the Attorney General, any district attorney or city attorney, or any person aggrieved by the conduct may bring a civil action in the appropriate court by filing with it a complaint.”

SFV/NELA NOW in action

San Fernando Valley/Northeast LA Chapter of the National Organization for Women, The Valley’s Voice for Choice,” is launching a campaign against sexual harassment, labor law violations and racism at The York on York, a bar and restaurant located in Highland Park. The York, located at 5018 York Blvd Highland Park, is a well known hot spot frequented by politicians and their staff members and it’s owners also run Sonny’s Hideaway. It is also being sued in Case No. BC 604740, Perez v THE YORK PROJECT LLC, for violation of the California Fair Employment and Housing Act (”FEHA”) based on Sexual Harassment, Racial Harassment, Discrimination based on race, gender, and Disability and/or perceived Disability, Retaliation, Failure to Prevent, Failure to Investigate and Correct, among other violations of the California Government Code Sections 12920 et seq., Violation of Labor Code Section 1102.5, Wrongful Termination in Violation of Public Policy, Violation of California Wage & Hour Laws & Regulations, Violation of the California Family Rights Act, Defamation, Sexual Battery, Assault and Battery, Invasion of Privacy, Violation of the Right to Privacy and Intentional Infliction of Emotional Distress.

While the principle that defendants even in civil cases ought to be judged by a jury applies, when the Plaintiff, Brenda Perez, obtained her personnel file, the Defendants’ intention to retaliate against her for opposing sexual harassment was openly and brazenly documented in her file.

SFV/NELA NOW has emailed or Facebook messaged almost all the candidates in Los Angeles for all offices, asking them to:

1. You commit to personally boycott The York and to prohibit any of your campaign staff from patronizing the establishment;

2. Commit to accepting no campaign contributions from the company or any of its agents, employees, or owners;

3. Hold no campaign fundraising events there;

Unionize The York–Viva La Sindicato Laboral, Viva La Huelga General

4. Given that longstanding AFL-CIO policy is that no candidate is eligible for union endorsement for any office unless they agree to support “neutral card check” for the unionization of any business in their jurisdiction and to promote management neutrality towards the efforts of workers to organize collectively, we ask that you formally reiterate or adopt your support for these efforts and commit to endorsing the unionization of The York’s employees;

5. Commit to introducing a federal law or municipal ordinance based upon the principles of AB 1617 from the 2002-2003 legislative session to put teeth into the laws against workplace harassment and discrimination.

The lawsuit alleges that:

Case No BC804740, Perez v TheYork

During Plaintiffs employment with Defendants, Plaintiff learned that Defendants Ng and Thomas engaged in a practice of wage and hour violations. For example, Ng and Thomas would steal tips from the employees by intentionally withholding loose cash received in tips and distributing to the employees only a portion of the tips which was considerably lower than actual tips that the employees earned on a daily basis. Defendant Ng also forced Plaintiff to clock out of work early, thereby preventing Plaintiff from working and earning money to pay her bills Plaintiff complained about these violations to Ng who responded by continuing to steal tips from

Brenda Perez, Chicana femenista activista

Plaintiff and the other employees, just not as much. As Plaintiff raised concerns about the illegal practices of being forced to clock out early, being verbally and sexually harassed by Defendants and complained about them and informed Ballinger that they needed to be corrected, Ballinger ignored her and failed to investigate and correct the FEHA violations. Instead, Defendants began a campaign of retaliation against Plaintiff due to these complaints. Ng harassed, demeaned, insulted, falsely accused and defamed Plaintiff in retaliation for her raising these many issues of legal violations and work environment concerns. Ng made racist, derogatory and belligerent comments and statements to Plaintiff, including, but not limited to, “Shut the fuck up!” “That Mexican bitch has nothing on me,” and “Brenda’s incompetent.”

Another allegation is that:

While Plaintiff was employed by Defendants, Thomas, the Assistant General Manager, engaged in sexual harassment against Plaintiff as well as other female employees, creating a hostile, vulgar and offensive work environment in violation of the law. Thomas’ outrageous sexual harassment included inappropriate, repulsive sexual and gender-biased comments about females’ body parts, such as, “Show me your nipples” and forcing Plaintiff to watch a video of him having sexual relations with another woman. Thomas also engaged in physical sexual battery and assault, such as by grabbing and slapping Plaintiff on the buttocks. The York’s management was fully aware of Thomas’ harassment, sexual battery and assault but failed to take corrective action to stop the Fair Employment and Housing Act (“FEHA”) violations and instead, ratified, condoned and permitted Thomas’ harassment against Plaintiff and other female employees to continue.

Patrick Duniven aka Patrick Thomas

(Note: many patrons know “Thomas” as “Patrick,” he is actually Patrick Thomas aka Patrick Duniven)

TAKE ACTION:

  • Come to the meeting on February 26th

  • If you can’t make it, email us to stay in touch at pr@janbtucker.com

  • If you have experienced, seen, or know somebody who has knowledge of discrimination or harassment at The York let us know immediately

  • Go to http://www.theyorkonyork.com/contact and email the management of your concerns and demand that they (a) adopt a “management neutrality” policy if their employees want to unionize, (b) use a team from SFV/NELA NOW to train their management staff against sexual harassment and discrimination, (c) authorize an independent investigation into their employment practices in accordance with the principles of AB 1617 (2002-2003 legislative session).

  • RSVP at the Facebook Event Page:  https://www.facebook.com/events/1761273410553342/

Ya Basta!

Sisterhood is Powerful!

COMMENTS:

From Mando:

Gentrified Business The York Bar is facing Lawsuit for Sexual Harrassment, Racial Harrassment and Discrimination

In a small community just Northeast of Los Angeles Highland Park is facing Gentrification and the displacement of its resident and businesses. York Blvd has become ground zero for Gentrification in Highland Park and incidents of racism and discrimination by newcomers has been going on for years. But now there is a lawsuit against The York Bar

Brenda Perez former employee of The York Bar has filed a lawsuit in Case No. BC 604740, Perez v THE YORK PROJECT LLC, for violation of the California Fair Employment and Housing Act (”FEHA”) based on Sexual Harassment, Racial Harassment, Discrimination based on race, gender, and Disability and/or perceived Disability, Retaliation, Failure to Prevent, Failure to Investigate and Correct, among other violations of the California Government Code Sections 12920 et seq., Violation of Labor Code Section 1102.5, Wrongful Termination in Violation of Public Policy, Violation of California Wage & Hour Laws & Regulations, Violation of the California Family Rights Act, Defamation, Sexual Battery, Assault and Battery, Invasion of Privacy, Violation of the Right to Privacy and Intentional Infliction of Emotional Distress.

Plaintiff claims that Defendants, Thomas, the Assistant General Manager, engaged in sexual harassment against Plaintiff as well as other female employees, creating a hostile, vulgar and offensive work environment in violation of the law. Thomas’ outrageous sexual harassment included inappropriate, repulsive sexual and gender-biased comments about females’ body parts, such as, “Show me your nipples” and forcing Plaintiff to watch a video of him having sexual relations with another woman. Thomas also engaged in physical sexual battery and assault, such as by grabbing and slapping Plaintiff on the buttocks. The York’s management was fully aware of Thomas’ harassment, sexual battery and assault but failed to take corrective action to stop the Fair Employment and Housing Act (“FEHA”) violations and instead, ratified, condoned and permitted Thomas’ harassment against Plaintiff and other female employees to continue.

There was also incidents were former Manager Gerry Ng called Cinco de Mayo “Douche Bag Night” Spanish speaking customers were made fun of and were ignored and not served . One incident the plaintiff was called a “Mexican Bitch” Several Latino Residents have told stories that they were ignored and never served when they visited The York Bar.

From Dana:

What in the world makes these restaurant owners think they can get away with behavior like this–in California, in the twenty-first century? Just the fact that the restaurant is in Southern California doesn’t make it exempt from Californian values; we don’t like people treating our neighbors this way, that the owners and management need to stop stealing tips and work hours from people of color. Please tell them that the fair and humane way of dealing with workers is also the smart way–that workers who feel respected by owners and managers are more likely to attract and keep customers.

I hope this one finally goes through.
What in the world makes these people think they can get away with this kind of behavior–in California, in the twenty-first century? The owners and management need to 1) stop stealing workers’ tips and work hours
2) grow up and keep their hands to themselves. BTW, the fair, humane way of treating workers is also the smart way; service providers who feel respected by those for whom they work attract and keep more customers.

About Jan Tucker

The Detectives Diary is an innovative tool combining Private Investigation and Journalism. In 1984, Steve Harvey's Los Angeles Times "Around the Southland" Column entitled Jan Tucker's program of providing low-cost "Opposition Research" services to indigent and working class candidates for public office, "Take Cover: Hired Mudslinger Rides into Town." A 1996 Los Angeles Times article by Henry Chu carried a sub-headline identifying Tucker as a "P.R. Guru." In November 2012, Tucker became Criminal Justice Columnist for Counter Punch Magazine and a commentator for Black Talk Radio. As a private investigator since 1979 and a former First Vice President of Newspaper Guild Local 69, Tucker takes these skills to a new level in the pages of the Detectives Diary with insightful and unique exposures and analysis of history and current events. State Director--California League of Latinos And Chicanos, Former seven term Chairman of the Board of the California Association of Licensed Investigators, Co-President San Fernando Valley/Northeast Los Angeles Chapter-National Organization for Women, former National Commissioner for Civil Rights-League of United Latin American Citizens, former Second Vice President-Inglewood-South Bay Branch-National Association for the Advancement of Colored People, former founding Vice President-Armenian American Action Committee, former First Vice President, Newspaper Guild Local 69 (AFL-CIO, CLC, CWA), Board member, Alameda Corridor Jobs Coalition, Community Advisory Board member--USC-Keck School of Medicine Alzheimer's Disease Research Project
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